Fulgham v. Evans

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION ALISHA FULGHAM PLAINTIFF V. CAUSE NO. 3:19-cv-61-CWR-FKB DON EVANS, et al. DEFENDANTS ORDER Before the Court is defendants’ motion to dismiss this action. Docket No. 5. Defendants argue that this case should be dismissed because plaintiff failed to properly exhaust her administrative remedies as required by the Employment Retirement Income Security Act (“ERISA”). Plaintiff has responded that her claims are not for benefits owed under an ERISA plan, but rather for defendants’ breach of the fiduciary…